Reservation not fundamental right: SC on pleas for OBC quota in Tamil Nadu medical colleges

New Delhi: The Supreme Court on Thursday (June 11, 2020) while hearing a clutch of petitions asking for quota for OBC candidates in Tamil Nadu's medical colleges observed that right to reservation is not a fundamental right. 

A three-judge bench headed by Justice L Nageswara Rao and comprising of Krishna Murari and S Ravindra Bhat categorically stated that nobody can claim their right to reservation as a fundamental right, and hence not giving quota benefits cannot be construed as a violation of so.

"Right to reservation is not a fundamental right. That's the law today," remarked Justice Rao while hearing the petitions.

The pleas was been filed by various political parties challenging the Centre's decision not to grant 50 per cent reservation to OBCs for undergraduate, postgraduate and dental courses in 2020-21 as per Tamil Nadu law in medical seats.

The bench asked the lawyers representing Dravida Munnetra Kazhagam, Vaiko, Anbumani Ramadoss, CPI (M), Tamil Nadu Congress Committee and CPI to approach the Madras High Court with their pleas, instead.

"You should withdraw this and go to the Madras High Court," the bench said, adding that the liberty was granted to the political parties to do that.

By a ruling in February, the top court had held there is no fundamental right to claim reservation in public jobs and no court can order a state government to provide for reservation to SC/STs.